Well more specifically after the leaves fall will the tree survive and will the spots return next season?

Is that how the tree looked when you received it? Have you contacted the vendor with your concerns?

First, the tree looks overly stressed, probably from shipping during an ill-advised time of year and lack of water. The spotting is most likely a fungal leaf spot, Phyllosticta minima......it could very easily have developed if the tree was misted or packed while the foliage was still moist from watering. If the tree cannot be easily replaced (and I'd certainly pursue some sort of recourse with the vendor), just provide it the best care you can now. Unless extremely severe, this type of leaf spot is more of a cosmetic issue than one that will leave permanent damage so treating with a fungicide is not required. Just clean up any fallen leaves thoroughly now and in fall and dispose of them. The tree should be fine next season.

I would not accept a tree that arrived in such poor condition!

Thank You so much. Its been very hard to contact the vendor. I visited their website and emailed them a day or so before i posted this and still no response. There also was not a phone number to contact so i guess i will try and care for the tree.

Was it the TyTy nursery by any chance?

No, Id prefer not to name the nursery, times are hard and i dont want to hurt any1s business

That's nice that they sent you diseased plants (illegal) they won't return your calls (fraud) and you don't want to hurt their business.
How about all the other customers that are getting burned?
You sound like a really nice person but you're sticking up for the wrong people.

Hopefully you used a credit card and can call up your credit card company and dispute the charge. That is the easiest way to get justice in these situations.

Hmm in that sense I purchased it from http://www.japanesemaple.net/ its one of the sponsored links for several variations of "buy japanese maples online".